KADIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Criminal Appeal has been filed on behalf of the appellants who have been convicted and sentenced in Sessions Trial No. 7 of 2000 by the learned Additional District & Sessions Judge-Ist, Fast Track Court, Giridih.

(2.) The appellant Kadir Mian has been convicted for the offence under Section 148 & 302 of Indian Penal Code and is sentenced to undergo rigorous imprisonment for life under Section 302 of Indian Penal Code and further sentenced to undergo rigorous imprisonment for 2 years under Section 148 of Indian Penal Code. Appellants Yusuf Mian, Idrish Mian and Hasim Mian have been convicted under Sections 147 and 302 read with Section 149 of Indian Penal Code and are sentenced to undergo rigorous imprisonment for life for offence under Section 302 r/w 149 of Indian Penal Code and they are further sentenced to undergo rigorous imprisonment for 6 months under Section 147 of Indian Penal Code. Appellant Kulsum Bibi has been convicted under Sections 302 r/w 149 of Indian Penal Code and is sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case is that on 10.5.1998 at 21.00 hrs. the informant Md. Sakoor Mian gave his fardbeyan to the police that at about 17.00 hrs, when the informant was going towards the mosque , accused Kadir Mian pushed him due to which he fell down and when the informant again started to move, accused Kadir Mian caught hold of the informant by the neck and abused him and assaulted him by fist on his left eye. On hearing 'hullah', Modi Mian who is uncle of informant came there and the accused Kadir Mian fled away. When Modi Mian started to proceed towards the house of Kadir Mian, the informant requested him not to go there but Modi Mian said that he was not going there to quarrel with the accused but to ask why he assaulted the informant. The informant also followed Modi Mian. In the meantime, accused Idrish Mian and Kadir Mian came running with lathi in their hand and they started assaulting the informant, Modi Mian and Jabbar Mian who had also reached there. Kulsum Bibi, wife of Kadir Mian, brought a Bhala from inside the house and gave it to her husband and accused Hasim Mian asked Kadir Mian to assault Modi Mian with Bhala, then Kadir Mian gave a Bhala blow in the abdomen of Modi Mian. Thereafter, Kadir Mian fled away leaving the Bhala in the abdomen of Modi Mian, who fell down and became unconscious. Thereafter, Jabbar Mian took out the Bhala from the abdomen of Modi Mian and with the help of villagers, the informant brought Modi Mian to Sadar hospital, Giridih where the doctor declared him dead. On the basis of fardbeyan of informant Md. Sakoor Mian, First Information Report being Birni P.S. Case No. 36 of 1998 was registered under Sections 147, 148, 149, 324, 323 and 302 of the Indian Penal Code against all five accused persons. After investigation charge-sheet was submitted and cognizance of the offence was taken. Charges under Sections 148 and 302 of the Indian Penal Code were framed against accused Kadir Mian. Charges under Sections 147, 323 and 302 read with Section 149 of Indian Penal Code were framed against accused Yusuf Mian, Idrish Mian, Hasim Mian and Kulsum Bibi. The accused Kulsum Bibi has further been charged under Sections 302/149 of the Indian Penal Code. During the trial, the prosecution examined 12 witnesses. The defence has also examined 2 witnesses. The Trial Court on consideration of the evidences on record convicted and sentenced the accused persons as mentioned above.